Alexi provides high-quality answers to complex legal questions in memo format for lawyers. Below you can see a collection of sample excerpts from just some of the thousands of research memos we produce.
What is the test for failure to state a claim in a civil action?
MultiRegion, United States of America
What are the elements of aiding and abetting a crime?
California, United States of America
Is there any case law that supports the argument that a radiologist will inevitably conclude that a fracture is present, based on the x-ray, and that the radiologist’s opinion is that the fracture should not have been diagnosed?
British Columbia, Canada
What is the disclosure required on an ex parte application?
British Columbia, Canada
What is the test for substituting an alternate juror in a civil case?
California, United States of America
Does a judge erred by failing to read his pleadings?
MultiRegion, United States of America
What is the test for a jury to overturn a finding in a civil case?
MultiRegion, United States of America
How have the courts interpreted warranty provisions in a horse sale contract?
Saskatchewan, Canada
Can a jury's verdict be vacated and a new trial ordered?
California, United States of America
Does a "second bite at the apple" or "shifting ground" constitute an appropriate basis for reconsideration?
MultiRegion, United States of America
Is a debtor-in-possession or trustee not the same entity as a pre-bankruptcy company?
MultiRegion, United States of America
What is the test for a stay of execution of an application for a motion to overturn a finding of guilty of misconduct in a civil matter?
Ontario, Canada
Does a defendant have the opportunity to cross-examine Sgt. Ketchum at trial of a charge of possession of heroin and drug paraphernalia?
"New York", United States of America
Does the difference between the employer and the employee when it comes to determining whether the advantage accrued primarily to the employer or the worker?
Canada (Federal), Canada
What is the standard of care required for a professional to be considered in determining whether a professional met the requisite standard for care?
British Columbia, Canada
Does a police officer have an affirmative duty to arrest and charge a person?
California, United States of America
What is the test for granting probation in a motor vehicle accident?
California, United States of America
Is a defendant who committed a murder without using a firearm entitled to a longer sentence?
California, United States of America
What is the test for admitting a co-conspirator's statement against a defendant?
MultiRegion, United States of America
What is the test for a prison officer to be found guilty of violating the Eighth Amendment?
MultiRegion, United States of America
What is the test for establishing the sufficiency of evidence in a sexual assault case?
California, United States of America
How have the courts treated the issue of a search warrant issued by a state court?
MultiRegion, United States of America
What is the test for multiple prosecution and multiple punishment in motor vehicle cases?
California, United States of America
Does a motion for a new trial need to be heard at a Marsden hearing?
California, United States of America
Does the deliberate indifference standard apply to a mentally ill inmate?
MultiRegion, United States of America
What is solicitor’s privilege over communications between solicitor and client?
Quebec, Canada
Does a court have the power to deny due process?
California, United States of America
What is the current definition of an accident and what is the effect of it?
California, United States of America
What is the test for determining who is to blame in a motor vehicle collision case?
British Columbia, Canada
Is a stay of removal order moot if there is a live controversy between the parties once the stay order is granted?
Canada (Federal), Canada
Is a severance payment included in the calculation of child and spousal support?
British Columbia, Canada
What is the current state of the law on investigative detention?
Alberta, Canada
What qualifications are required to be a judge in inferior courts?
California, United States of America
What is the test for a claim of ineffective assistance of counsel?
California, United States of America
What is the state's concern in a motor vehicle accident case?
California, United States of America
What is the test for establishing prejudice in a personal injury case?
Alberta, Canada
In support of the complaint in the second action in the case of the Attorney for the executors of the Estate of a deceased, what is the test for liability in negligence?
California, United States of America
What is the test for "beyond reasonable doubt" when it comes to determining whether a state court's decision to grant relief to a plaintiff in a civil case?
MultiRegion, United States of America
What is the case law in the Annual Practice of the Attorney General’s Annual Practice and the Court of Appeal of the Master of the Rolls?
Saskatchewan, Canada
Does the Court of Appeal have any authority to order rescission and restitution in the context of the Conversion Agreement?
MultiRegion, United States of America
How has the Queen described sexual assault?
Ontario, Canada
What is the effect of the finding that W.D. was a child in need of protection and the disposition placing her in the care of the Director of Child Protection?
Prince Edward Island, Canada
What is the test for abuse of discretion on appeal?
California, United States of America
What is the intention of a debtor making a disposition that is intended to defeat, hinder or delay his creditors?
Ontario, Canada
What is the duty of the trial court to instruct the jury on the controlling legal principles applicable to a case?
California, United States of America
What is Defendant's "main technique" when it comes to making a constitutional challenge?
California, United States of America
Does Chapman 3 apply to the failure to instruct sua sponte on voluntary manslaughter?
California, United States of America
What is the legal test for damages for breach of a contractual guarantee?
Alberta, Canada
Can a defendant offer the same defense to various acts constituting the same crime?
California, United States of America
Does the rule of contra proferentem apply in this case?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is a reasonable basis to find her not credible?
MultiRegion, United States of America
Can a defendant avoid a harsher sentence if he accepts a plea bargain?
California, United States of America
What causes of action does a plaintiff have to prove that they have relied on a misrepresentation or omission?
California, United States of America
What is the test for dismissing a felony charge under section 1387 of the California Penal Code?
California, United States of America
What is the test for reducing a plaintiff’s damages?
British Columbia, Canada
What is the test for “reasonableness” in the context of a challenge to the validity of a claim?
Alberta, Canada
Can a prisoner who pleaded guilty to multiple Section 924(c)(1) counts prior to the present decision bring a new federal criminal case?
MultiRegion, United States of America
What is the definition of "a person aids and abets the commission of a crime"?
California, United States of America
When can the police obtain a search warrant to search a house without obtaining a warrant?
California, United States of America
What is the test for impeaching a defendant's credibility in a criminal case?
California, United States of America
What is the test to determine whether an administrative process is constitutionally deficient?
MultiRegion, United States of America
Is there any case law in which a trial judge was wrong in finding that a plaintiff was not entitled to be held liable for sexual assault?
British Columbia, Canada
What is the effect of the last sentence in para. 146 of the Original Decision?
British Columbia, Canada
What is the impact of illegal immigration on a plaintiff's income?
Ontario, Canada
What is the test for determining whether a statement is fact or opinion?
California, United States of America
Is there a distinction between claims alleging inadequate medical care and those alleging inadequate conditions of confinement?
MultiRegion, United States of America
What is the test to prove bad faith or malice against a party?
British Columbia, Canada
What is the basis for a motion to suppress search and seizure evidence in a federal criminal case?
MultiRegion, United States of America
Is the claim by the City that it is not in the business of making a profit from the premises persuasive?
"New York", United States of America
Can a motion to suppress evidence from an unlawful search be reviewed de novo?
MultiRegion, United States of America
What is the difference between competence to waive counsel and competence to represent oneself?
California, United States of America
Does a defendant have a right to be present at a sentencing hearing?
California, United States of America
Can a good faith mistake be a defense to conspiracy to sell marijuana?
California, United States of America
Does the Attorney General have the authority to issue a protective order?
California, United States of America
Can a defendant be found guilty of a charge of domestic violence against a third party for a second time?
California, United States of America
What is the authority of the trial judge to order a retroactive order from the interim judge?
Manitoba, Canada
What is the test for liability for the actions of a police officer in the context of civil litigation?
MultiRegion, United States of America
What is the defence of self-defense against tear gas?
California, United States of America
What is the current state of the law on mistaken identity?
California, United States of America
Is a prisoner's transfer away from the institution at which they are being held a claim for injunctive relief?
MultiRegion, United States of America
What is the meaning of s. 35 (c) of the Canadian Civil Rights Act?
British Columbia, Canada
How has the court considered whether a police officer's expertise on the issue of probable cause for arrest dealt with drugs?
California, United States of America
Does the independent felonious purpose rule apply to murder?
California, United States of America
What is the impact of the internet on damages for defamation?
Ontario, Canada
What is the test for just cause in civil law?
Ontario, Canada
Is a person who applies for a visitor's visa under section 9(1.2) of the Immigration Act, or is the applicant required to prove to a visa officer that they are not an immigrant?
Canada (Federal), Canada
Can a defendant be held criminally responsible as an accomplice as a result of a crime he or she intended to aid and abet?
California, United States of America
What is the test for admitting an opinion of a witness who is not an expert?
California, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for instructing a jury to convict a defendant of first degree premeditated murder?
California, United States of America
What is the scope of the duty of care owed by the City of Vernon to the owner of a construction project and to the neighbours of subsequent purchasers?
British Columbia, Canada
Can an application for a stay under s. 15 of the AA be brought by any party to an arbitration agreement?
British Columbia, Canada
What are appellant's arguments in a personal injury action?
California, United States of America
What is the difference between reasonable risk and unreasonable risk?
California, United States of America
What is the test for a motion to set aside default judgment?
Ontario, Canada
What is the test for credibility in a peace officer’s report?
British Columbia, Canada
What is the test for excluding the conduct of a witness from the evidence table?
California, United States of America
Does the City have any obligation to provide notice of intent to place a placard on a property?
Manitoba, Canada
Can a registered sex offender be prevented from leaving the area where she lives?
California, United States of America
What is the test for civil rights legislation in the context of civil liberties?
MultiRegion, United States of America
Does s. 471 of the Criminal Code of Canada require that evidence be taken in accordance with the provisions of Part XV relating to preliminary inquiries?
Saskatchewan, Canada
What is the test for establishing a trust in a commercial transaction?
Ontario, Canada
What is the test for federal paramountcy?
Yukon, Canada
How have the courts interpreted Rule 21 in a mortgage action?
Ontario, Canada
Can a federal court dismiss a complaint under Federal Rule of Civil Procedure 12(b)(1)(1) de novo?
MultiRegion, United States of America
What is the test in determining causation in a medical malpractice case?
British Columbia, Canada
What is the forfeiture rule on appeal?
California, United States of America
Does the disclosure of a confidential informant's identity need to be disclosed?
California, United States of America
Does a state's claim presentment requirements apply to federal civil rights actions?
MultiRegion, United States of America
What is the test for cross-examining expert testimony in a Charter case?
British Columbia, Canada
What is the test for a trial judge to find that parties have cohabited as "spouses" notwithstanding a lack of intermingling finances?
British Columbia, Canada
What is the scope of the tort of inducing or procuring the breach of contract between a party and the party?
British Columbia, Canada
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy?
California, United States of America
Does the admission of two recorded statements in a civil case constitute a due process violation?
California, United States of America
What is considered scandalous in the context of allegations that are not relevant to the issue?
Ontario, Canada
Is a defendant entitled to an objection to the instructions on murder?
California, United States of America
What is the testator's capacity to produce a will?
British Columbia, Canada
What is the reasonableness of a settlement in a personal injury case?
Ontario, Canada
Can a motion to vacate a judgment or dismissal be appealed?
California, United States of America
What are the governing principles for an award for loss of housekeeping capacity?
British Columbia, Canada
Is a builder entitled to recover from a builder who has failed to complete the project on schedule?
British Columbia, Canada
Can an employer in Canada discriminate against a disabled employee?
Ontario, Canada
What is the test for a judge fixing costs?
Manitoba, Canada
What is the test for determining a sentence that is not constitutionally disproportionate?
MultiRegion, United States of America
Can a court impute income to a father who failed to provide medical evidence indicating that his health was compromised by health concerns?
Nova Scotia, Canada
Is a spouse's interest in a trust a family asset?
British Columbia, Canada
What is the current state of the law on drug usage as impeaching evidence?
California, United States of America
Can a debtor pursue a cause of action against the estate of the debtor who has been declared bankrupt?
California, United States of America
Does a defendant have a right to appeal against their sentence?
California, United States of America
What is the result of a motion to redact reference to settlement conference materials from the applicant's motion?
Ontario, Canada
Does a prosecutor have to avoid indirect reference to the failure of a defendant to testify?
MultiRegion, United States of America
What is the test for "asked and answered" in a civil case?
California, United States of America
How have courts interpreted the Communications Privacy Act?
California, United States of America
What constitutes insider status under Rule 14e-3 of the Securities and Exchange Act?
MultiRegion, United States of America
Is a defendant's in-custody statements that he used abusive and threatening language to a witness during a period of time in custody admissible?
California, United States of America
What is the test for reversal of a judgment when the prosecution fails to correct or amend a witness's testimony?
California, United States of America
What is the test for a jury to convict a defendant of a sexual assault where there are more than one factual basis for conviction?
California, United States of America
What is the test for a murder conviction?
California, United States of America
What is the threshold that must be met to invoke section 6 of the Divorce Act?
Nova Scotia, Canada
What is the test for a motion denying an anti-SLAPP motion?
California, United States of America
How have the courts interpreted a disclaimer in a purchase order form?
"New York", United States of America
What is the test for sufficient evidence in a sexual assault case?
California, United States of America
What is the test for probable cause in a vehicle search?
California, United States of America
What is the legal test for overturning a substantial evidence finding on the basis of circumstantial evidence?
California, United States of America
What are the principles of the modern costs rules?
Ontario, Canada
What is the test for wilfully obstructing a peace officer?
British Columbia, Canada
What is the burden of proving a claim against the Respondent?
British Columbia, Canada
What is the test for reversal of a finding of guilty because of insufficient evidence?
California, United States of America
Is suppression available in the prosecution of students when evidence has been illegally obtained but without police involvement?
California, United States of America
Is there any need for disclosure of a potential judgment or settlement in an uninsured motor vehicle case?
California, United States of America
Does the term "second collision" apply to ejection cases like this one?
MultiRegion, United States of America
What is the test for determining whether a child has been discriminated against on the basis of their age?
British Columbia, Canada
What is the test for refusing to extradite an alleged serial killer to the United States?
British Columbia, Canada
What is the duty of care of a non-contractor of a potential tortfeasor?
British Columbia, Canada
Can a defendant be found guilty of a violation of section 288 of the California Penal Code?
California, United States of America
Can a plaintiff bring a motion for damages against a public entity for failing to timely present a claim?
California, United States of America
What are the "allowable costs" a prevailing party can recover from an expert who has not been appointed by the court?
California, United States of America
Is there an immediate need to secure the gun?
California, United States of America
What is the duty of care of a police officer to a family member?
Ontario, Canada
In a personal injury action, does the fact-finder need to consider the effect of an interminable discrepancy or lacunae in determining whether it is consequential?
MultiRegion, United States of America
What is the test for ineffective assistance of counsel?
California, United States of America
What is the test for a civil fraud?
Ontario, Canada
What is the test for determining whether a patient would have agreed to a prescription drug without the consent of their doctor?
Ontario, Canada
What is the test for a reversal of a motion denying a defendant's motion for a new trial?
California, United States of America
What is the test for an arbitrator's approach to a fiduciary relationship issue?
British Columbia, Canada
What is the difference between conspiracy to commit murder and an attempted murder?
California, United States of America
What factors must be considered in determining whether to award retroactive spousal support?
British Columbia, Canada
What is the standard of review for assessing the sufficiency of the evidence to support a criminal conviction?
California, United States of America
Is a failure to inform a plaintiff a negligence action?
Saskatchewan, Canada
What is the standard for reviewing a sentence for abuse of discretion?
MultiRegion, United States of America
What is the test for proving a claim of discrimination on the basis of family status?
Ontario, Canada
Is substantial evidence sufficient to sustain a conviction of sexual assault?
California, United States of America
Does a habeas petitioner who has defaulted on his federal claims in a state court have to continue to seek relief in a federal court?
MultiRegion, United States of America
Is a prison's restriction on religious worship a violation of the First Amendment?
MultiRegion, United States of America
How have directors of a non-profit society been elected in accordance with the voting rights of the society's members?
British Columbia, Canada
Does section 12022.7 of the California Code of Civil Procedure prohibit the use of language that is "controversial, offensive or offensive" in the context of civil litigation?
California, United States of America
Is there a reasonable suspicion that the accused was a legitimate target for the purposes of a criminal investigation?
British Columbia, Canada
What is the test for a plaintiff to claim damages for past and future loss of income capacity?
British Columbia, Canada
What is the test for “obvious to try”?
Canada (Federal), Canada
What is the specific performance of a specific performance remedy?
Ontario, Canada
How has section 782 of the California Code of Civil Procedure been interpreted in the context of sexual assault cases?
California, United States of America
In what circumstances will we be able to affirm a discretionary decision in a personal injury case?
MultiRegion, United States of America
Does the pattern instruction on kidnapping for ransom adequately inform the jury of the crime?
California, United States of America
What is the reasonable notice period for an employee?
New Brunswick, Canada
How have the courts dealt with the issue of personal injury in a personal injury case?
California, United States of America
What is the appropriate sentence for a 19 year old first offender who sexually assaulted an unconscious intoxicated victim without using a condom?
Ontario, Canada
Can a covenantor avoid liability by pleading impossibility by summerfallowing the land properly?
Saskatchewan, Canada
Does a trial judge make a grievous error of instructing the jury that a defendant charged with murder would be released from prison if found not guilty by reason of reason of insanity?
MultiRegion, United States of America
Can evidence obtained in violation of the Fourth Amendment be used in a criminal proceeding against the victim of an illegal search and seizure?
MultiRegion, United States of America
In what circumstances will a federal court increase the sentencing range for a convicted felon in possession of a firearm?
MultiRegion, United States of America
Can a federal prisoner challenge his conviction under Section 2255 of the Criminal Code?
MultiRegion, United States of America
When a plea agreement includes a plea bargain, does the prosecution need to express the prosecution's belief that the witness would testify to certain facts?
California, United States of America
What is the test for a request for exclusion from a witness in a civil case?
MultiRegion, United States of America
What is the impact of a class action?
British Columbia, Canada
What is the test for applying the Witt standard in a motor vehicle accident case?
California, United States of America
What is the legal test for a successful party to recover costs from the successful party?
British Columbia, Canada
How have the courts treated Charter values in dealing with suspensions of impaired drivers?
British Columbia, Canada
Does the term “street” encompass boulevards or sidewalks?
Alberta, Canada
What constitutes material evidence in the context of a habeas petition?
California, United States of America
